Sris Sriskandarajah
Mr. Sris (Atchuthan Sriskandarajah, Esq.) is the founder of Law Offices of SRIS, P.C., a US law firm practicing since 1997. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sriskandarajah has prepared this information as part of the firm’s knowledge resource on brand and entity matters for Indian businesses and individuals with US legal interests. Law Offices of SRIS, P.C. is a US law firm with an international clientele. Mr. Sriskandarajah is not admitted to practice Indian law, and the firm does not currently provide legal representation in India. This page is offered as general legal information by a US-admitted attorney — it is not legal advice and is not legal representation under Indian law.
Brand and Entity Practice — US Law for Indian Businesses and Individuals
Indian entrepreneurs, businesses, and individuals seeking to establish or protect a brand or business entity in the United States encounter a legal framework that differs in important respects from Indian company and trademark law. The US system operates under federal and state law concurrently: trademarks may be registered with the United States Patent and Trademark Office (USPTO) under, while business entities — corporations, limited liability companies, and partnerships — are formed under the law of a particular US state, most commonly Delaware, New York, or Virginia. Indian businesses expanding into the US market, or Indian nationals residing in the US who wish to start a business, must navigate entity selection, registration, trademark clearance, and ongoing compliance obligations under US law.
Brand protection in the US is primarily a function of federal trademark registration and common-law use rights. A trademark registered with the USPTO confers nationwide priority and a presumption of validity, which can be critical for an Indian brand entering the US market. Entity formation, by contrast, is a state-law matter. The choice of entity — LLC, C-corporation, S-corporation, or partnership — affects taxation, liability, governance, and the ability to attract US investment. Indian founders often form a Delaware C-corporation when they anticipate venture capital funding, while an LLC may be appropriate for a family-owned business or a US subsidiary of an Indian parent company. Each structure carries distinct compliance obligations, including annual reports, franchise taxes, and registered agent requirements in the state of formation and in any state where the entity does business.
Frequently Asked Questions
What does a brand and entity practice cover for Indian clients with US interests?
A brand and entity practice addresses the US-law aspects of trademark registration, business entity formation, and ongoing compliance for Indian businesses and individuals operating in or entering the US market. This includes conducting trademark clearance searches with the USPTO, preparing and prosecuting federal trademark applications, responding to Office Actions, maintaining trademark registrations, and enforcing trademark rights against infringers. On the entity side, the practice covers selecting the appropriate business structure, drafting operating agreements or bylaws, filing formation documents with the relevant state authority, obtaining an Employer Identification Number (EIN) from the IRS, and advising on annual compliance requirements. For Indian clients, additional considerations may include the tax treaty between the United States and India, foreign ownership reporting requirements, and the interaction between US entity law and Indian corporate law for parent-subsidiary structures.
How does US trademark registration differ from Indian trademark registration?
US trademark law, differs from Indian trademark law in several important respects. The US system recognizes both use-based and intent-to-use applications, whereas Indian law requires use or proposed use. US trademark rights also arise from common-law use without registration, a concept less developed in Indian law. An Indian brand owner seeking US protection should conduct a USPTO clearance search before entering the US market, as a mark registered in India does not automatically confer rights in the United States.
What business entity types are available to Indian founders in the US?
Indian founders forming a US business may choose among several entity types, each with distinct legal and tax characteristics. A Delaware C-corporation is the most common choice for startups anticipating venture capital investment, as it permits multiple classes of stock and is familiar to US investors. A limited liability company (LLC) offers pass-through taxation and operational flexibility, and may be suitable for a family business or a US subsidiary of an Indian company. An S-corporation is generally unavailable to non-resident alien shareholders. The entity is formed by filing a certificate of incorporation or articles of organization with the chosen state’s secretary of state, paying the applicable filing fee, and adopting governing documents. After formation, the entity must obtain an EIN from the IRS, open a US bank account, and comply with state annual reporting and tax obligations.
Does an Indian trademark registration protect a brand in the United States?
No. An Indian trademark registration issued by the Indian Trade Marks Registry does not confer trademark rights in the United States. Trademark rights are territorial. A mark registered in India must be separately registered with the USPTO to obtain federal protection in the US. An Indian brand owner may file a US trademark application directly with the USPTO or may extend an Indian registration or application to the US through by filing an international application with the Indian Trade Marks Registry designating the United States. Before filing, a US trademark clearance search is advisable to identify any conflicting marks already registered or in use in the US that could block registration or expose the brand to infringement claims.
What ongoing compliance obligations does a US entity have?
A US business entity must comply with annual reporting, tax filing, and registered agent requirements in its state of formation and in each state where it is qualified to do business. Most states require an annual report listing the entity’s current officers, directors, or members, and a registered agent with a physical address in the state. Delaware imposes an annual franchise tax on corporations and LLCs. The entity must file federal and state tax returns annually, and may be required to make estimated tax payments. Foreign-owned US entities must also file Form 5472 with the IRS to report transactions with related foreign parties. Failure to comply with these obligations can result in penalties, loss of good standing, and in some cases administrative dissolution of the entity.
Can an Indian citizen serve as a director or officer of a US corporation?
Yes. US law does not require directors or officers of a US corporation to be US citizens or US residents, though practical considerations apply. An Indian citizen may serve as a director, president, secretary, or treasurer of a Delaware corporation or an entity formed under the law of another US state. However, the absence of a US-based director or officer can create practical difficulties for banking, tax compliance, and service of process. Many Indian founders appoint a US-based registered agent for service of process and engage a US-based professional to handle tax and compliance matters. The entity must also comply with US immigration law if the Indian director or officer will work in the United States; a B-1 business visitor visa may permit certain limited activities, but active management of the US entity generally requires an appropriate work visa such as an L-1 or E-2 treaty investor visa.
What is the difference between a trademark and a business name in the US?
A business name registered with a state secretary of state does not confer trademark rights. When an entity is formed, its name is checked against other entities registered in that state, but this state-level clearance does not address whether the name infringes a federally registered trademark or a common-law trademark used anywhere in the United States. A business may operate under a name that is valid at the state level yet still infringe a trademark owned by another party. Trademark rights arise from use in commerce and from federal registration with the USPTO, not from entity formation. Indian businesses entering the US market should conduct both a state-level entity name search and a federal trademark clearance search before adopting a brand name.
What intellectual property considerations apply to Indian software companies entering the US market?
Indian software companies entering the US market should address trademark, copyright, patent, and trade-secret protection under US law. Software may be protected by copyright as a literary work, and registration with the US Copyright Office provides statutory damages and attorney’s fees in infringement actions. Patent protection may be available for novel software processes and algorithms. The company’s brand name and logo should be cleared and registered as trademarks with the USPTO. Trade secrets, including source code and algorithms, should be protected through confidentiality agreements and access controls. Indian software companies should also review their customer contracts and terms of service for compliance with US contract law, data privacy regulations, and industry-specific requirements such as HIPAA for healthcare software or PCI DSS for payment processing.
About Mr. Sris
Mr. Sris (Atchuthan Sriskandarajah, Esq.) founded Law Offices of SRIS, P.C. in 1997. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He was also involved in the introduction of Virginia House Joint Resolution HJR 573 (2017), recognizing Pongal Day in the Commonwealth. Mr. Sriskandarajah has prepared this information as part of the firm’s knowledge resource on US brand and entity law for Indian businesses and individuals. He is not admitted to practice Indian law, and this page does not constitute legal advice or legal representation under Indian law.